WA chief justice urges caution over plan to ban character references

Peter Quinlan says sentencing proposal needs careful consideration but that judges already treat references with discretion

By LineZotpaper

Published12 October 2026

Read Time2 min

Western Australia's chief justice has urged caution over the state government's plan to ban character references in criminal sentencing, saying the proposal needs careful consideration while noting that judges already exercise discretion over how such references are treated.

The WA government has announced plans to prevent convicted criminals from offering good character references from family, friends and colleagues to reduce their sentences. The proposal follows revelations that three Western Power staff provided references to a senior manager who was jailed for raping a former colleague on a work trip.

Chief Justice Peter Quinlan told Nadia Mitsopoulos on 102.5 ABC Perth that the legislation had not yet been drafted and would be subject to consultation.

"I think that it's something that needs to be carefully considered," Justice Quinlan said. "It's not for me to publicly agree or disagree with government policy. Whatever the law is, is what the courts will implement. That's our job."

He said judges already exercised careful discretion when considering good character references. "Judges are not stupid. It's not as if you're given a character reference by somebody and a judge thinks, 'oh, this makes all the difference'," he said.

Justice Quinlan noted there were some offences for which a good reputation could make offending worse. "A child sex offender who has got a fantastic reputation as a great teacher, for example ... well, their reputation as a great teacher may be the very thing that has enabled them to offend."

But he described other cases where learning more about an offender had assisted the court. He recalled presiding over a case where a young offender had seriously injured someone in a fight outside a pub, and the prosecution was arguing for immediate imprisonment. The young man's employer gave a reference describing how the offender was deeply ashamed and willing to work to improve, leading the prosecution to change its position and support a suspended sentence.

"There's nothing better, I think, than seeing a reference from somebody who says, 'I think that the offence that my son or my nephew committed was horrendous and I've told him so, but I'll be there to support him', so that you know that there are better prospects," he said.

Analysis

Why This Matters

The ban would change how WA judges weigh an offender's character and community reputation at sentencing, a long-standing part of the criminal justice process.
The trigger case, involving Western Power staff giving references for a manager jailed for rape, has put workplace character references under public scrutiny.
The consultation process will determine whether judges keep the ability to hear from people who know an offender's circumstances, including support structures relevant to rehabilitation.

Background

Character references have long been a standard feature of Australian sentencing hearings. They allow judges to hear from family, employers and community members about an offender's reputation, circumstances and prospects of rehabilitation, alongside prosecution evidence. The WA government's proposal to ban them follows public criticism of the Western Power case, where colleagues provided references for a manager later jailed for rape. The legislation has not yet been drafted, and the government has indicated it will be subject to consultation.

Key Perspectives

WA government: argues that character references from family, friends and colleagues can be misused to soften sentences for serious crimes. Chief Justice Peter Quinlan: does not publicly oppose the government's right to set policy, but says references can help judges understand rehabilitation prospects and support structures, and that a reputation for good character can sometimes make offending worse. Critics of the ban: may argue it removes judicial discretion and prevents courts from hearing relevant information about an offender's capacity for rehabilitation, such as an employer's direct assessment.

What to Watch

The drafting of the legislation and the scope of the consultation process.
Whether the final bill includes exemptions for particular types of references, offences or circumstances.
The government's response if the judiciary or legal profession raises concerns during consultation.

Sources

Top judge urges caution over plan to ban character references — Just In